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Marshall, Gerstein & Borun Continues Growth with Addition of Three Associates
Marshall, Gerstein & Borun, announces the addition of three associates. Anthony Gabrielson and Vishal Raj Sahni join the firm’s litigation practice, and Milena Sukovic joins the firm as a patent prosecutor.

“We are proud to attract attorneys that allow us to grow stronger and even deeper in the IP-related services we provide,” said Jeff Sharp, managing partner of Marshall, Gerstein & Borun. “Anthony, Vishal and Milena have rich backgrounds that extend to a range of industries including mechanical engineering, medical devices and pharmaceuticals. Their diverse knowledge of our client’s sciences combined with their legal experience continues to expand the focused resources we can provide.”

Gabrielson focuses on patent infringement actions and other intellectual property matters related to consumer products, equipment and mechanical devices, pharmaceuticals and chemicals, medical devices and computer and electronic technologies. He has broad experience in all phases of litigation, and has been involved with intellectual property, technology law, breach of trademark license and trademark infringement, commercial litigation, securities litigation, arbitration, class actions, product liability, mass tort defense, and breach of contract matters.

Prior to joining the firm, Gabrielson was a litigation associate at Jenner & Block LLP where he gained several years of intellectual property and commercial litigation experience. Gabrielson also served as a law clerk for the Honorable Ann D. Montgomery of the U.S. District Court, District of Minnesota, where he drafted legal opinions on federal and state law topics for a multitude of disparate civil suits and criminal prosecutions. He received his J.D. from Harvard Law School (2001), where he participated in Harvard Defenders, providing student legal representation for indigent clients, and was a line editor for the Harvard International Law Journal. Gabrielson received his B.A., with highest distinction and honors in philosophy, from the University of Iowa (1998). He is currently the vice-chair of the Chicago Bar Association Intellectual Property Committee.

Focusing on the mechanical, pharmaceutical, and telecommunications industries, Sahni has been involved in several cases, as well as handling patent prosecution and interferences. Prior to joining Marshall, Gerstein & Borun, Sahni was a litigation associate with Winston & Strawn. Involved in the Boys & Girls Club, he is an active volunteer in the community, having served as a computer literacy coordinator and an unemployment insurance and wage claims legal clinic advisor. Sahni received his J.D. from University of California, Berkeley School of Law, Boalt Hall (2004). He was associate editor of the Berkeley Technology Law Journal and a member of the California Criminal Law Review. Sahni received his B.S.E., magna cum laude, in mechanical engineering from Duke University School of Engineering (2001). While at Duke, he was a Mechanical Engineering Fellow conducting an extensive research project and a member of Tau Beta Pi, an engineering honor society. Sahni is registered to practice before the U.S. Patent and Trademark Office.

Sukovic focuses on prosecuting patents in diversified technologies including computer software products, telecommunications, network architectures, e-commerce applications, semiconductors/fabrication, display devices, printing devices and digital recording technologies. Prior to joining the firm, Ms. Sukovic was a patent prosecution attorney for Oblon, Spivak, McClelland, Maier, & Neustadt, an intellectual property firm in Northern Virginia. She previously served as a systems engineer for Motorola Inc., where she developed system requirements and test plans, managed engineering development, and wrote technical requirement specifications for a proprietary communication system.

Sukovic earned her LL.M. (2005), with honors, in intellectual property and her J.D. (2004) from John Marshall Law School, where she was editor of the Review of Intellectual Property Law and a recipient of the Serbian Bar Association of America’s Michael Duric Award. She received her B.S. in electrical engineering from Boston University. Sukovic is registered to practice before the U.S. Patent and Trademark Office.

08-09-2007

Lebowitz to Address ABA Section
Cleveland partner Todd Lebowitz will speak to the Labor and Employment Committee of the ABA's Administrative Law Section on August 15, 2007. The program will focus on the Supreme Court's recent decision in Ledbetter v. Goodyear Tire & Rubber Co., and the Congress' even more recent response to the decision.

The discussion will be moderated by Committee Co-Chair Robert Hickey, and in addition to Lebowitz, will feature speaker Carolyn Wheeler, Assistant General Counsel of the Equal Employment Opportunity Commission.

Lebowitz represents employers in avoiding and defending claims of employment discrimination and has litigated such cases in courts around the country. Lebowitz also serves as an officer with the Cleveland Bar Association's Labor & Employment Section and is a member of the Society for American Baseball Research. He was recently featured on Bloomberg Radio, discussing the Ledbetter case and its implications.

08-09-2007

WolfBlock Secures Largest Award for a Wrongful Conviction in U.S History; More Than $100 Million in Damages Issued
WolfBlock is pleased to announce that Litigation Partner Juliane Balliro has achieved a successful verdict on behalf of plaintiffs Peter Limone and his family and the Estates of Henry and Jeanette Tameleo in a civil suit against the Federal Bureau of Investigation. Judge Nancy Gertner of the U.S. District Court in Boston awarded damages of $101.7 million to be paid by the federal government for the wrongful convictions and nearly four-decades of false imprisonment of Balliro's clients, as well as Joseph Salvati, The Estate of Louis Greco and their families.

Judge Gertner announced the verdict on July 26, 2007, finding against the FBI for the wrongful conviction of plaintiffs Limone, Tameleo, Salvati and Greco. The decision in the civil suit marks the largest award for a wrongful conviction in U.S. history. It follows the case in which a state judge overturned the murder convictions of the four men after FBI files were discovered more than seven years ago that had never been turned over during the original murder trial in 1968. Balliro, and her co-counsel, successfully argued that the FBI suborned perjury and deliberately withheld documents that would have exonerated the men, who had been framed by the FBI for the murder of Edward Deegan.

Judge Gertner ordered the federal government to pay a record $101.7 million, finding that agents encouraged witness Joseph Barboza to lie, knew that Barboza had falsely implicated the men in order to protect another FBI informant and withheld evidence the FBI knew could prove the four men were not involved in the murder.

A partner in WolfBlock's Business Litigation Practice Group, Balliro represents companies, executives and individuals in complex business, employment and white collar criminal matters. She has tried more than 100 cases in state and federal courts, and her previous successes have included a $5 million judgment in a civil rights matter and a judgment exceeding $1 million dollars in a claim for retaliation based upon pregnancy discrimination.

Balliro is a frequent lecturer on labor and employment, criminal defense and civil rights issues and has been a contributing author to a wide variety of legal publications. She was formerly president of the Massachusetts Association of Women Lawyers and a former member of the board of directors of the Massachusetts Association of Criminal Defense Lawyers.

Balliro received her J.D. from Boston College School of Law in 1981 and her B.A. from Boston College in 1978.

08-09-2007

PHRMA Wins Important Victory in the US Court of Appeals for the Federal Circuit
A WilmerHale team secured an important victory in the US Court of Appeals for the Federal Circuit for its client, the Pharmaceutical Research and Manufacturers of America (PhRMA), when the court struck down the District of Columbia Prescription Drug Excessive Pricing Act of 2005 (the Act)—a pharmaceutical price control regime enacted by the District of Columbia City Council.

The stakes in the case for PhRMA and its members were very high. The Act attempted to impose price controls on any sale of patented pharmaceuticals by manufacturers and wholesalers, regardless of where the sale took place, as long as the sale was upstream from an eventual retail sale in the District of Columbia. The Act authorized enforcement by the DC Attorney General and created a private right of action – any person or organization could challenge the wholesale price of a patented pharmaceutical, and the DC courts were charged with administering the statute. The courts would examine benchmark prices in select foreign countries and weigh a few additional factors to determine whether a price was “excessive.” If a court deemed a price “excessive,” the law authorized fines, treble damages, and an injunction against sales at that price. The lack of specificity as to what prices would be deemed “excessive” left companies vulnerable to suit, whatever their price.

The Federal Circuit’s decision affirmed a judgment of the US District Court for the District of Columbia, which WilmerHale successfully obtained on December 22, 2005, less than three months after the mayor signed the Act into law. In its December 22, 2005 judgment, the district court enjoined DC from enforcing the Act, declaring that the law was preempted on its face under the federal patent laws and that it violated the Interstate Commerce Clause as applied to transactions occurring outside the District. DC did not appeal the district court’s ruling on the Commerce Clause. On August 1, the Federal Circuit affirmed the preemption holding, declaring that by restricting the prices pharmaceutical companies could charge for patented drugs, the act interfered with Congress’ scheme for encouraging the development of new, life saving medicines.

David Ogden argued the case in the Federal Circuit and the US District Court, and together with Randolph Moss led the WilmerHale litigation team. The team also included: Anne Small, Brian Boynton, Catherine Carroll, and Thomas Saunders.

08-09-2007

WilmerHale Wins Victory In Antitrust Suit, An Important Test of the Supreme Court's Recent Twombly Decision
In an early test of the Supreme Court's recent decision in Bell Atlantic Corp. v. Twombly, WilmerHale won an important victory for its client Philips Electronics and all patent-holding members of standard-setting organizations.

The District Court for the Central District of California dismissed an antitrust challenge to the DVD standard holding that the plaintiff, International Norcent Technology, had failed to allege adequately the existence of an anticompetitive conspiracy between the members of the standard-setting group that developed the DVD standard.

The victory represents an important application of the pleading standards the Supreme Court announced in their May 21, 2007 Twombly decision. WilmerHale obtained dismissal of the plaintiff’s original complaint in April, then used the intervening Twombly decision to rebut the new allegations in the plaintiff’s amended complaint.

Doug Melamed argued the motion to dismiss, assisted on the briefs by Philips' in-house attorneys and a WilmerHale team that included Steve Hut, Danielle Conley, Daniel Matheson and Ryan Phair.

08-09-2007

Midlevel Associate Program Ranked Nationally by American Lawyer Magazine
Stradley Ronon has ranked 3rd in Philadelphia and 24th in the country for overall associate satisfaction, according to the recently released 2007 American Lawyer Midlevel Associates survey.

In addition to the firm’s overall ranking, Stradley placed first in Philadelphia for management openness and policies regarding billable hours. Associates also gave Stradley high marks in the areas of likelihood of staying for more than two years and for the overall workplace rating.

“The firm is committed to developing and advancing associates, personally and professionally, in an open and collaborative environment.” said Managing Partner Jeffrey A. Lutsky. “We are delighted that our associates feel the same way, as evidenced by our significant movement in the national and local rankings.”

The survey drew responses from 7,172 third-, fourth- and fifth-year associates from 189 participating firms. A total of 164 firms were eligible to be included in the rankings.

Firms were rated based on 11 areas that contribute to job satisfaction, including partner relations, work satisfaction, training, compensation and benefits, billable policy, management openness about firm strategy, partnership opportunities, and the associate’s desire to remain with the firm.

08-09-2007

Stoel Rives COO Robert Hirshon Chairs American Bar Association Commission
The law firm Stoel Rives LLP is proud to announce that its Chief Operating Officer, Robert Hirshon, has been named chair of the American Bar Association (ABA) Commission on Second Season of Service. He will serve a one-year term as chair, beginning on August 14 at the end of the ABA’s annual meeting.

The Commission on Second Season of Service represents the ABA’s recognition that lawyers reaching the final stages of their careers do not necessarily want to hang up their briefcases and leave the law. The commission’s goal is to help transition those of its members who wish to continue practicing law with a new career pathway, as a form of public service or in some combination of the two.

Hirshon was president of the ABA from 2001 through 2002, and is a well-known lawyer, writer and speaker. He recently joined Stoel Rives after serving as chief executive officer at Tonkon Torp since 2003. Before that, Hirshon practiced law for 30 years with the Portland, Maine firm of Drummond, Woodsum & MacMahon. He does not currently practice law and is not licensed to practice in Oregon. He has held numerous leadership roles in the ABA and other organizations, and has earned various awards and honors, including the Muskie Access to Justice Award.

08-09-2007

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